Convention Against Torture Claim

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7^th Circuit Court of Appeals

Case Name: David Fiddler v. Pamela J. Bondi

Case No.: 24-2604

Officials: Ripple, Kirsch, and Kolar, Circuit Judges.

Focus: Convention Against Torture Claim

Fiddler, a Jamaican national who came to the United States as a child, was convicted in Illinois of first-degree murder and attempted first-degree murder, receiving a lengthy prison sentence. He suffers from severe schizophrenia, resulting in multiple hospitalizations over the years. In 2021, the Department of Homeland Security initiated removal proceedings against him. In response, Fiddler sought deferral of removal under the Convention Against Torture (CAT), arguing that if returned to Jamaica, he would likely become homeless, lack access to mental health treatment, and face violence from police or private individuals, with the acquiescence of authorities due to his mental illness.

An Immigration Judge (IJ) initially denied his CAT claim, finding that Fiddler had not shown a substantial risk of torture. The Board of Immigration Appeals (BIA) remanded the case for further analysis, but the IJ again denied relief. The IJ acknowledged that Fiddler was likely to face homelessness and vulnerability but concluded that the evidence did not establish a substantial risk of torture or the specific intent required under the CAT. The BIA affirmed, finding that Fiddler had not demonstrated the harm he feared would be inflicted with the intent to torture, nor that Jamaican officials would acquiesce in acts of torture by private parties. Following another remand and subsequent BIA affirmation (with one dissenting opinion), Fiddler petitioned for judicial review.

The Seventh Circuit found that Fiddler failed to show it was more likely than not he would be tortured with the specific intent required under the CAT, either by Jamaican authorities or with their consent or acquiescence. The court found that the BIA’s reasoning aligned with CAT legal standards and concluded that the evidence did not compel a different outcome.

Decided 08/07/25

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